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Neighbor’s balcony extension destroys our privacy

WC H
2 years ago

Seeking advice on privacy landscaping given Bay Area constraints.

Our rear neighbors who are uphill from us decided, unilaterally, to extend their balconies in a manner that now allows anyone sitting or standing on them to look straight down into our backyard and dining room. Further, the noise is quite disruptive as it sounds like they are in our yard. Their kids are rude and often curse loudly, and the family likes to host dinner parties late into the evenings. (In the past, these people have also asked to cut our trees that were blocking their views of the Bay.)

We have some privacy from tree coverage but the trees are tall and thin because we don’t have a large backyard. We could choose to rebuild the fence but can only build it to 8’ given Oakland codes.

Any suggestions for unusual sound-reflecting/absorbing options that we can install as well as ideas for restoring a sense of privacy?

Comments (107)

  • Olychick
    2 years ago

    There is nothing "fair" about a question that dismisses the OP's preferences, desires, lifestyle and question as if it's unimportant or frivolous. YOUR preferences about your privacy is your business, as is the OP's their business. No one's asking anyone here to figure out how to adjust their attitude so being on display is no longer a problem for them. They are asking for help and ideas to increase their privacy.

  • Fori
    2 years ago

    Double check the code and be sure there are permits so you don't get balconies in your yard next earthquake. In my city (also Alameda Co.), setbacks apply to balconies as well as footprints. (It looks like they aren't that close but I can't really tell from the photos.)

  • Melissa R
    2 years ago

    agree with the poster who said sun shades. they are cost-effective too. You own the trees, just tie off in the trees to block site.



  • decoenthusiaste
    2 years ago

    Great idea Melissa R. Just put sails in the trees like strategically adding more branches and leaves. Will be really helpful once the leaves have fallen.

  • Angel 18432
    2 years ago

    Really like the sails idea 2. Wonder if they are available in green to blend in with the leaves or blue to look like sky.


  • Anna (6B/7A in MD)
    2 years ago

    Do not underestimate the power of a waterfall as noise abatement. Here is a DIY build if you are so inclined: https://www.interiorfrugalista.com/2014/08/diy-patio-water-wall.html?m=1


    I really like the idea of a retractable awning. I also would strongly recommend waving at them when you see them looking into your house, that can be quite a detterent. Having grown up in a large, condensed city, I fully understand the need for privacy.


    Update us on what you choose to do.


  • beesneeds
    2 years ago

    You could try getting some highly reflective wind spinners pointed in their direction to discourage them from looking down into your yard. Some mirror collage artwork aimed right could work too. Depending on how the sun angles in those sight lines of course.

  • WC H
    Original Author
    2 years ago

    Anna, will do!

  • WestCoast Hopeful
    2 years ago

    Just adding to the water idea. We have a creek in our backyard and it’s the most amazing buffet. It also muffles and confuses where sound comes from though.

  • Maureen
    2 years ago
    last modified: 2 years ago

    It’s been a jolt to your privacy, but I was expecting much worse before seeing your picture, to tell you the truth. In our last home, the entire length of the neighbour’s backyard had lovely large trees and they decided to saw all of them down (to eliminate leaves in their pool!). I cried when I heard the chain saws and we quickly called the city, but it could not be stopped as the age of the trees fell into a category that allowed removal. I'm only mentioning, as we can only control what we can control.

    - If they can see into your home, add a window treatment even if it means hindering your view when they are outside. Unfortunately you have to decide what is more important.

    - If you could take a picture of the back of your house and perhaps there are options to create attractive barriers or changing the seating/dining locations.


    - I would also consult with a landscaper to provide options around fast growing trees to fill in the gaps. When the trees are bare, there will be more visibility, but perhaps their outdoor entertaining will be reduced due to weather.

    - Our present neighbours have a pool and there is rarely a weekend they are not entertaining. We have a water feature which doesn't drown the noise, but really helps detract from it and background music is also a help.

  • Sarah
    2 years ago

    You also have a right to enjoy your backyard. The landscaping looks lovely right now btw. A fountain may be just the thing you need for some white noise.

    Have you gone over to your neighbors to ask them to help keep the sound down as it’s quite loud? Often times people really have no idea how loud they are and will work harder to keep their guests quieter. My neighborhood is tightly packed and we have one person in particular that is so loud (obnoxious, drunk, high, pukes off his deck). When talking to him or his family did not work, calls to the police were next. That helped. His voice stop grates on my every last nerve but I find that if I sit with my back to his house I am able to focus on other things a little better.

    A fountain for constant sounds plus a little soft music while you’re outside can help. Hopefully your workspace will be quiet for your calls. Good luck!

  • Mama Cita
    2 years ago

    So many great ideas here! But are they enough? A loss of coveted privacy is uncomfortable. But prickly emails, resentment, continual friction with a neighbor? Now THAT would make me miserable, no matter how much privacy I had. If you want your home to feel like your haven, I think you have to choose peace.

  • WC H
    Original Author
    2 years ago

    Update. Said neighbor has informed us by email that they plan to further trim the trees on our property to “restore” the view they allegedly had when they purchased the home. They have let us know they intend to proceed even though we’ve raised issues of reduced privacy (they stand on their new extension and look directly into our family dining area.)

    So, how does one choose one-sided peace?

  • WestCoast Hopeful
    2 years ago

    They cannot trim trees on your property without your consent. Yes an errant branch on their side but not much more

  • loobab
    2 years ago

    WC H- Your neighbor is a jerk. Unfortunately that isn't against the law.

    I am dealing with the same sort of thing now, and I am getting rather sleep-deprived and stressed.

    About that fountain thing- maybe don't spend too much money on one before you try it out.

    I had one a while ago and it made me run to the facilities way more often than before I had the fountain. Who needs that?

  • Nick
    2 years ago
    last modified: 2 years ago

    My understanding is that your neighbor can only trim up to their property line. They cannot trim branches or roots that are on your property. They also cannot damage or cut down trees that are on your property or that are on the line between your two properties. So you might end up with something like this (taken from a dispute in Europe), but they shouldn't be able to reduce the height of the trees.


    They would need to get the local city to step in if they want to get the tree removed on grounds of being a nuisance or blocking their view. I am not sure what recourse you have if they go ahead and do it anyway. Logic says that restoring the view they had when they moved in would also involve taking back their balcony to the original footprint. As loobab says, the underlying problem is your neighbor is behaving like a jerk. Water features and trees might provide some sort of workaround, but they won't fix that issue.

  • Melissa R
    2 years ago

    yeah, they can't do that. I'd reply to that email that they do not have your permission to trim your trees.


    Start keeping all the emails...I think there is going to be a small claims court session in your future.

  • Angel 18432
    2 years ago

    Get the rules and regulations with regards to trimming trees etc from

    your city/town office. I would think different cities have diff rules/regs.

  • PN _Bos
    2 years ago

    You need to take a good look at where the branches fall. I'm pretty sure they can trim anything that hangs over onto their property. I'd definitely plan to be there and watch as they trim. They sound lovely btw (eye-roll).

  • beesneeds
    2 years ago

    You might want to consider putting up a couple no trespassing signs- just in case they try to send workers over the property line. If you don't have signs up, there can be a grey area with legal. If you put up the signs, you have very clear legal and can call the police if necessary to stop the workers.

    Make sure you take a lot of good pictures now, including along the sight line of the property line. Very clearly show where your trees are. In case they try cutting over the line, you want pics of what it currently looks like for damage reports.

    Check in with your local municipality office that deals with building and property codes. Find out for sure what exactly your rights are for views and air space. Consider contacting a property attorney for a consultation about how to best legally protect your property, and how to proceed if the neighbors do try to cut down your trees.

    Not sure what the camera laws are for you... but you might want to consider putting in a couple cameras in case work starts being done- you can film it. Maybe put up a few "you are on camera" signs facing the neighbors.

    Trimming branches that hang over their property is one thing... but if they want to try to come onto your property to cut down your trees, you need to think about getting some precautions in place... sounds like they might be the kind of folks that will go right ahead, even after you tell them no. And make sure you make it very clear in your email to them that they are not to trim, cut, or even send workers onto your property for any reason.

  • AJCN
    2 years ago
    last modified: 2 years ago

    They cannot come onto your property or send a tree trimmer onto your property without your permission. If they do, ask them to leave immediately and call the police if they refuse.

    They can trim branches that hang over their property line, but they cannot reach over into the ”air space” of your property to trim anything further. They cannot reduce the overall height or width of your tree except for the parts growing over their property.

    Their ”justification” is not logical. Following their illogic, you could tear down their balcony to restore the privacy you had when you bought your house.

  • Angel 18432
    2 years ago


    Maybe it might be worthwhile getting a lawyer to send them a letter confirming your position after you have determined locally what they can or cannot do. Might cost a couple hundred dollars, but would have more teeth in it, rather than one coming from you.

  • njmomma
    2 years ago

    If you don't want a water feature, a much more budget wise solution would be speakers to put off sound, with running water, birds singing, ocean sounds. So many sounds to pick from these days that will drown out noise and your choice of what volume you want to put the sound at.


    My choice for privacy, budget wise would be a large tent or arbor over your patio,


    Trees loose leaves, sails, collect leaves, water features need maintenance. Pick something you can maintain easily that will give you the privacy you need.

  • PRO
    HALLETT & Co.
    2 years ago

    At least where I am you cannot trim branches unless they cross onto your property, and even then you can’t do that if it will harm the tree. I know some places (especially coastal and hoas) have different rules. Unfortunately the neighbor is now becoming aggressive. I would invest in lawyer and good cameras- my neighbor trimmed my bushes when I went on vacation…

  • Angel 18432
    2 years ago

    The sails idea might help your situation. Not hung horizontally which would collect debris/leaves but hung vertically on your own property. Just need some poles installed on your property in the right locations and you will privacy.





  • justcallmepool
    2 years ago

    I feel for you OP! Just reading the latest update gives me anxiety for you. I would say it's definitely worth contacting a local attorney to handle this for you. For a consult at the very minimum.

    I think planting some new trees now located more inside you property line could help long term. They can begin to grow and be far enough they can't reach them to trim.


    I'd also have a certified arborist out to check all the trees on your property and write up a report of their perceived current health. I had some new neighbors at my previous house who I am most certain killed our bamboo while we were on vacation. I wouldn't put it past your neighbors to try something to kill your trees.

  • shwshw
    2 years ago

    It just stinks to have neighbors like this. I hope some of the suggestions will help.


  • doods
    2 years ago

    following

  • smalloldhouse_gw
    2 years ago

    I have a bit of experience with big trees and loss of privacy and other impacts from a bad neighbor. I'd advise you to pay for a consult from a certified arborist to document the health of the trees and (if possible) any impact from shearing off the tree tops on the longevity and safety of the trees. A responsible tree company wouldn't just lop off the tops of the trees, and will abide by the local laws (which typically limit trimming to anything that falls over their property) but your neighbors may not hire professionals for this job. If their workers want access to your property to do the trimming, I would not give it unless you have been assured of the plans and ideally had your own arborist give input as well.


    It all sounds petty and awful, but in my experience the neighbors who don't just vent (as I tend to do) but actually communicate polite but firm limitations and engage local authorities as necessary have helped to mitigate bad outcomes. Good luck! And fwiw I agree with PPs that your yard is lovely and doesn't seem too badly impacted by the neighbors yet - hope you can keep it that way!

  • Maureen
    2 years ago
    last modified: 2 years ago

    Contact the city/municipality to first know what is allowed in regards to trimming. They knew the trees would grow when they bought the house and will only continue, so this is a long term issue.

    You should email asking for exact plans and say they will have to hold off until an arborist is consulted, as to effect on their growth and health. They may have to decide if the view is worth it, if they would be responsible to replace.

    Suggest also investing in planting in ideal locations fast growing trees, where branches could not be trimmed legally by them. Give it your best shot and you’ll know at least you tried.



    https://www.createandfind.com/fast-growing-privacy-trees/

  • WC H
    Original Author
    2 years ago

    Thanks all.

  • Fori
    2 years ago

    Good luck! Legally they can't touch your trees on your side of the fence. A good insured tree company won't trespass. Hacks might.


    I'd be tempted to post ugly signs on the neighbor's side of the tree that say PRIVATE PROPERTY etc. for the party guests (and potential tree trimmers).

  • WC H
    Original Author
    2 years ago

    Encouraging news: neighbor has extended an olive branch (pun intended) after my spouse replied with a well-worded email outlining our concerns and limits. While we have yet to determine a solution for the myriad concerns each neighbor has expressed, I’m hopeful.

  • KW PNW Z8
    2 years ago

    @WC H That is indeed encouraging news! Have these neighbors ever been in your home or back yard? Perhaps that’s next step - invite them to your yard for conversation & create opportunity for them to step inside your home to see where you can be seen from their deck. May be the best way for them to appreciate the impact the changes they’ve made & are asking for have on you & your property.

  • Michel W
    2 years ago

    @WC H Might I suggest taking up naked yoga in your backyard? Nothing kills a dinner party like looking down on a nude downward dog.


    In all seriousness, so long as they are following all the rules there isn't much you can do. We are in the same situation and have focused on how we can modify our yard to regain some privacy. Thankfully you still have some really great coverage from all those trees!

  • beesneeds
    2 years ago

    That is an encouraging update WC. Keep us updated :)

  • doods
    2 years ago

    If it was me .... what I would do to keep the peace and keep everyone happy, most of all you, would be to cut your trees as much as possible in order to give your neighbour as much of a view of the bay as possible. I would imagine that you have a nice view of the bay yourselves from the front of your house. Then I would install a large gazebo in your back yard with a roof, and with curtains on the back side that could be lowered to give you privacy while enjoying your back yard. Sheers curtains, nice full sheer curtains on the back windows of your home to give you privacy, and some light in the daytime. Then of course drapes or blinds of some kind for the night. I know that this seems like a lot of concessions on your part, but responding with nastiness to nastiness in my view only serves to make the situation worse and everyone including yourself very unhappy. The noise part, maybe if the neighbours are happier with the view, they will be more willing to come to an agreement on keeping the noise down, maybe, maybe not, but you never know.

  • KW PNW Z8
    2 years ago

    @doods If I’m understanding you correctly, the OP should change their yard landscape by trimming & maintaining their mature trees to accommodate their neighbor’s desire to improve their own view. Then , OP should got to the further great expense of building a gazebo structure in their own yard so they can enjoy privacy in their own yard that they lost because they cut their own trees - no matter that it will further completely alter their personal yard landsape - if a structure like you propose even fits. Additionally, OP should spend lots more money buying and installing new window coverings for their back yard facing rooms so they can prevent themselves from being on view in the privacy of their home. All this in hopes that new balcony neighbor will reciprocate by controlling the noise their guest make? OMG!

  • KW PNW Z8
    2 years ago
    last modified: 2 years ago

    @WC H Just curious about the back story of your neighborhood. Were any of the properties originally sold as ”view lots”? I’m guessing not since if your neighbor's property was, they would’ve already had your HOA involved, if you have one, & if not, they’d have likely hired a real estate attorney to protect their interests in the view. I’m also wondering how long your trees have been there & how long your neighbors have lived there. In other words, were your trees a preexisting situation when they moved in? The topic of protection of views is a hot one & a few years back here in WA, a person who hired a crew to cut down & top a large stand of evergreens on county land that was blocking his view from his hillside home was sued by that county. He had to pay large in damages, & for planting replacement trees. The crew he hired was also fined. His issue was that the trees had grown but his property wasn't sold as a view lot or recorded as that. That situation is much different than yours but does illustrate the lengths people will go to for their views!

  • Olychick
    2 years ago

    Get as many pics as possible of the trees in their current state, in case they decide they are going to cut them, so you'll have proof of before and after. I personally, like others have suggested, would consult an attorney and have her/him write a demand letter that they refrain from touching your trees, etc.

  • Angel 18432
    2 years ago

    Negotiations apparently are in progress with the neighbor. We await the outcome

  • Christopher CNC
    2 years ago

    The other can o' worms has been opened.

  • Angel 18432
    2 years ago

    Do I really think Mr. Nasty is playing Mr. Nice Guy now.

    Keep us posted.

  • chispa
    2 years ago

    Someone mentioned the clumping bamboo. We lived in LA and had an old ranch house torn down on the uphill property behind ours. They put up a 2-story house that looked like 3-stories from our rear patio that was downhill from them. We quickly removed some lemon trees we had planted in the back and replaced them with Bambusa Oldhamii. We bought 24" boxes that were already around 16 ft tall. It only took a couple of years, with some extra watering and feeding, and we quickly had a 40 ft hedge. We were able to completely block the new house. It is a clumping bamboo and can be controlled by cutting new shoots or the older taller ones.

  • suezbell
    2 years ago

    First, contact local authorities and find out if they had a permit to build onto their balcony. If not, they'll have to remove it.


    There are Lombardy poplar trees that rapidly grow tall but not wide that you might consider.

  • mrykbee
    2 years ago

    I think I’d do both the shade suggested earlier immediately and change out the short bush for an evergreen spruce type tree. Something with interesting branches. Put another 2 or 3 evergreens nearer the lot line but not hanging over. Eventually you’ll be covered.

  • ker9
    2 years ago

    So sorry you are going through this. For your windows, if you do not want any type of curtain perhaps an awning type cover outside above the window will block the neighbors’ view as they are looking down on the awning but you still have your view out. It will shade the area which could be positive or negative.

  • PRO
    CoolAir Inc.
    2 years ago

    Just do the shade sails and block their view entirely so much for their view of the beach ;).

  • Angel 18432
    2 years ago

    How is this situation going????

  • WC H
    Original Author
    2 years ago

    Back with an update, after much delay (deaths and births and COVID in the family). We’ve resolved it with our neighbors. Decided to plant very tall trees that won’t obscure their view but will restore some privacy. Won’t do much about the noise but we are happy to have a solution for privacy.